DA hopeful a no-show in court cases

STOCKTON - Gary Hickey, a candidate for district attorney, has stopped showing up to court on some serious violence cases he is representing.

Jennie Rodriguez-Moore

STOCKTON - Gary Hickey, a candidate for district attorney, has stopped showing up to court on some serious violence cases he is representing.

Hickey, who also is facing his own legal issues in a hit-and-run, was removed by a judge last week as attorney on a murder case after he failed to show up at multiple hearings without notice.

And the following day, in a highly unusual move, another judge appointed a second defense attorney to shadow Hickey because he was missing in action during a hearing on an attempted murder case.

Deputy District Attorney Mark Dennings said he is trying to resolve the attempted murder case of Hickey's client, Kristopher Vasquez, with a possible plea deal, but Hickey's absence has made if difficult.

Vasquez, accused of shooting a 25-year-old man in the face in a store parking lot in 2011, has indicated he is open to negotiations.

But in a March 10 hearing, Vasquez said that Hickey has not been contacting or visiting him at the County Jail.

"This case is now two years old and it should have been resolved a long time ago," Dennings said. "I think there is a resolution, but I just can't act on anything unless (Vasquez's) representative is there."

Judge Franklin Stephenson appointed Jeff Hirschfield to oversee the case through the county-funded Lawyer Referral Service.

Hickey was privately retained by Vasquez.

Hickey could not be reached for comment Wednesday. Various calls to his cellphone throughout the day went directly to a standard voice recording that said calls were not accepted at the time.

Counsel assistance, or "shadow counsel," is typically appointed to help defendants who are representing themselves, said Deputy District Attorney Robert Himelblau.

Assisting attorneys help self-litigants get up to speed on the law; they help defendants develop a case, and they step in when needed.

For a defense attorney to have such aid, Himelblau said, is "highly unusual."

On March 11, Hickey was relieved from representing Edwan Scott, who is charged with the first-degree murder of 22-year-old Anthony Holladay.

Hickey, whose services were paid for by the county Lawyer Referral Service, had missed three court appearances without notifying anyone. Attorneys for Scott's two co-defendants and the court clerk could not locate Hickey.

Judge George Abdallah replaced him with private defense attorney Doug Jacobsen, whose services also will be funded by the county.

Prosecutors say the ongoing absences not only have caused delays but also use more resources and require more work for everyone involved.

In addition to the wasted time, the District Attorney's Office has to regenerate "discovery," or reports and other evidence for the new attorneys.

Hickey has his own run-ins with the law. He recently pleaded no contest to one count of hit-and-run resulting in property damage, a misdemeanor that is expected to be dismissed in May provided he pays restitution to the telephone company that owns the telephone pole Hickey's car struck.

Hickey has said he left the collision scene to sleep off a concussion for a couple of days.

A bartender at Davoli's Avenue Inn in downtown Stockton told investigators Hickey had been there that morning.

On Monday, reporter Tim Daly of News 10 spotted Hickey coming out of that same bar about 10:30 a.m. and asked if he had been drinking.

Hickey appeared on the television report saying, "I just had a half of a beer." Hickey explained why he was there so early in the day.

"Today is St. Patrick's Day and I'm out politicking," he said.

In the interview, Hickey alleged his opponent, Deputy District Attorney Tori Verber Salazar, is using her married name to draw Latino voters.

"My girlfriend's name is Garcia. I don't call myself Hickey Garcia," he said.

Verber Salazar is, in fact, her name.

Verber Salazar opted not to address Hickey's comments. She said she is staying focused on her bid to represent the county and working on crime intervention and prevention strategies.

Hickey and Verber Salazar are the only two candidates vying to replace District Attorney James Willett, who plans to retire at the end of 2014.

Contact reporter Jennie Rodriguez-Moore at (209) 943-8564 or jrodriguez@recordnet.com. Follow her at recordnet.com/courtsblog and on Twitter @TheRecordCourts.

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